Morgan v. Des Moines & St. Louis Railway Co.
Supreme Court of Iowa
Appeal from, Warren ■ Gvrouit Court. The plaintiffs are lot owners in the city of Des Moines, and claim to have sustained damages by reason of the construction of the defendant’s road on a street on which their respective lots abut. The plaintiffs instituted proceedings for the assessment of their respective damages by commissioners. From the assessment in each case both parties appealed. Both cases were tried to a jury.
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Appeal from, Warren ■ Gvrouit Court. The plaintiffs are lot owners in the city of Des Moines, and claim to have sustained damages by reason of the construction of the defendant’s road on a street on which their respective lots abut. The plaintiffs instituted proceedings for the assessment of their respective damages by commissioners. From the assessment in each case both parties appealed. Both cases were tried to a jury. In the former case there was a verdict for the plaintiff, and judgment was rendered thereon. In the latter there was a verdict for the defendant, and the court set the same…
1Opinion of the CourtAdams, J.
These cases are submitted together as involving the same questions of law.
It is insisted by defendant that the commissioners had no jurisdiction to assess the damages, if any, in these cases, and that it follows that the circuit court had no jurisdiction to entertain the appeals. In support of this position they cite Mulholland v. D. M., A. & W. R. Co., 60 Iowa, 740.
The plaintiffs contend that, while it might be true that the commissioners would not have jurisdiction to assess such damages without the consent of the railroad company, yet that such consent was given, the company merely…
2Cases cited1 opinion
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
3Cited by9 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Gilbert v. Greeley, S. L. & P. R'y Co.Supreme Court of Colorado · 1889
- Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Dairy v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
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